Maison Law represents pool accident victims and liable pool owners in California. California Civil Code Section 115922 covers pool safety and drowning liability for Californians. With the majority of California having perfect pool weather almost year-round, the risk of liability presents itself for pool owners every time someone goes for a swim on their property.
Pool Owner’s Duty of Care
According to the CDC, nearly 5,000 people have drowned in pools from 2020 – 2022. So, it is imperative for pool owners to understand how they can protect their families from pool accidents and drowning liability. The Swimming Pool Safety Act includes California Civil Code Section 115922, which states Californians must fulfill the following when building a pool on their property:
“Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with at least two of the following seven drowning prevention safety features:
(1) An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home.
(2) Removable mesh fencing that meets American Society for Testing and Materials (ASTM) Specifications F2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.
(3) An approved safety pool cover, as defined in subdivision (d) of Section 115921.
(4) Exit alarms on the private single-family home’s doors that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that “the door to the pool is open.”
(5) A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on the private single-family home’s doors providing direct access to the swimming pool or spa.
(6) An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F2208 “Standard Safety Specification for Residential Pool Alarms,” which includes surface motion, pressure, sonar, laser, and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.
(7) Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or the American Society of Mechanical Engineers (ASME).
(b) Before the issuance of a final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention features required by this section and, if no violations are found, shall give final approval.
It is important to note that the Swimming Pool Safety Act DOES NOT apply to public swimming pools, apartment complexes, or residential settings other than single-family homes.
Safety Recommendations for Pool Owners in California
There are numerous liability lawsuits involving pools where a momentary lapse in judgment resulted in serious injury or drowning. Due to the high risk of pool accidents, insurance companies in California recommend pool owners have at least $500,000 in liability insurance to cover victims’ medical expenses and lost wages, as well as the pain and suffering that comes with most pool accident injuries.
If you have a swimming pool, there are certain steps you can take right now to make sure your pool is as safe as possible for guests and children. These steps include:
- Obey the Swimming Pool Safety Act and enclose your pool.
- Keep all pool entrances such as doors and gates locked when not in use.
- Install alarms to alert you when someone has entered the pool area. In the unfortunate event of an underage trespasser (under 18 years of age) entering your pool area, you can still be held liable for their injuries if you fail to follow California pool safety regulations.
- Clear all obstacles and hazards from your pool area daily
- Check for defects in the structure of your pool
- Educate kids, adults, and guests about pool safety before they use your pool
- Make sure everyone knows how to swim
- Get CPR training so you can help in an emergency
Pool Owners are Responsible for All Visitors
In California, all pool owners have specific duties of care for visitors that differ, depending on the type of property visitor. The three types of visitors a pool owner is responsible for include:
- An invited guest: a person who enters the pool owner’s property with express or implied invitation. A homeowner is most responsible for this type of guest and their duty of care implies:
- Inspecting the property for unknown defects
- Repairing known defects or hazards
- Warning visitors of existing risks
- A licensee or government worker: a person who has legal authorization to be on the property. Pool owners owe them the same duty of care as an invited guest, only they are not required to uncover hidden hazards.
- A trespasser: a homeowner does not owe a trespasser a duty of care unless the trespasser is underage. An underage trespasser is owed the same level of care as an invited guest.
Contact a Pool Liability Lawyer in California
If you or a loved one suffered a pool injury due to a pool owner’s action or omission of a duty of care, they can be held legally responsible for compensating your damages. These damages include your current and future medical bills, lost wages, and pain and suffering. It is important to note that you will not be suing the homeowner directly. A liability lawsuit is generally paid out by the homeowner’s insurance policy, not from the homeowner’s personal finances.
Contact Maison Law today for a free consultation and case evaluation. Our team of liability lawyers are standing by to assess your case and explain your legal options. There are no upfront costs associated with our counsel and you won’t pay a cent until we’ve won your case.
